R.M. COURT.

Wairarapa Daily Times, Volume 4, Issue 1185, 21 September 1882, Page 2

R.M. COURT.

CABTERTON.-WEDNESDAY. Before H. S. Wardeu, R.M. : B, : Boys, k W, Boom J.P.'s John Spargo v Daniel Tremewen,— Assault with intent to do grevioua bodily harm, Mr Sandilands for informant, Mr Gray for defendant, ;Tlio evidence of the informant was very lengthy, and went to prove that on the 14th inst he went to defendant's house t(i fetch his ohild ! B o'othes. On arriving there he asked for the clothes, and defendant ' said after a few remarks that be could not have them. Informant was then retiring when he heard defendant was behind him. He turned round and walked backwards a short distance when he tripped and fell. When he was getting up, dofendnnt struck him a heavy blow on the head with a s\vin«letree, whioh felled him to the ground, He was insensiblo for a considerable time, and got away somehow, but did not know how, and went tn Dr Watts and had his wounds dressed, Informant was subjected to a severe crossexamination by Mr Gray, but his evidence wnsnot shaken.

Dr Watts gave evidence as to the nature of the injuries received by informant.

Constable Bennetts gave evidence of the arrest and of some observations made by defendant.

This boing the evidence for the proseoution the Court retired to consider whether they should deal with the caße in a inmmary way or commit the defendant for trial.

Upon resuming the Court intimated that the case would be dealt with summarily, and called upon Mr Gray for his defence, The evidence of the defendant, Mrs Spargo, and John Spicer was then taken, which was totally opposed to that for the prosecution. It showed that the informant went to the defendant's house on the day named and after some very uncomplimentary remarks by the informant, he picked up a stone and a brick and Baid he would have defendant's heart before he left the.plaoe, Defendant denied that he struck informant with a swingletree and said they had a straggle together, and that informant endeavored to strike him with a stone tied in a handkerchief, which defendant took from him Informant then attacked defendant, and they fell to the wound together. Informant then caught defendant by the hair, and took his beard in his mouth and held on till defendant let go, when they parted. Mrs Spargo and John Spioer corroborated this evidence. After retirement the Court announced thatjhey were of the opinion that the evidenced the defence was unreliable, They considered a serious assault had been proved, and sentenced defendant to two months'hard labor. ,

J. Spargo v 0. M. Spargo.-Abuaive language, Dismissed,

t CM.Spargo v J. Spargo.—Threatening language. Dismissed, Samp v Same.-Sureties of the peace. Withdrawn. . ,

_ There were several oases on the civi list, all of which were either settled m paid into Court, with the exoeption ol one, Taratabi-Carterton Highway Boarc v W. Hart.—Rates 15 12s, in whiol judgment was given for defendant.

MASTERTON-THIS DAY. IBefore H. S. Wakdek,, E.M.] Ingram v H. Cole—Breach of Borough by-laws by allowing ohimney to catch fire. Fined 10s and costs. Same v William Darley—Allowing four horses to be at large. Defendant expressed his regret that his horses had gone astray. Fined 20s and costs. THB AFFILIATION CASE. Morris v. Blnnd.-lffiliatiod order. Mr Beard said that he was not in a position to bring forward the witness for the defence which he had promised to produce, as ho found that the person in question was not prepared to state in Court that which he had repeated outside. John Charlea Bland, the bashful lad who filled the role as defendant, was then sworn. He remembered the time when the general election took place. He had been acquainted with the informant for about twelve months, but had no improper connection with her till after the general election in December last, He offered lo make an arrangement becaose he was threatened by the girl's friends. (To Mr Bunny) He had admitted in the first instance the paternity of the child. Mr Bunny endeavored to upset the evidence of Dr Beard by producing a work on medical soience. He had not called Dr Hosking as it was hardly ploasant when there were two doctors in a town to call upon one to contradict the other.

Mr Beard said his friend could have got over this difficulty by calling in, some doctor from outside. • Mr Bunny said he must call, if any, the medical practitioner in whose opinion he bad the greatest confidence. He asked he Court to adjourn till a later period of tU day to bring forward his medical witnessi . , ,

Dr Hnskinir, oslled, denied that any doctor conld state with an ordinary case whether a ohild was seven or mnemonths old. In some oases he could give a good guess, but could not' swear to any particular case. The Court in giving judgment, said the evidenced Dr Beard had, in its opinion, been somewhat shaken by the testimony, of Dr Hosking. Taking into'considera- ! tjon the positive statement of the girl arid the. admission of paternity which Bland,had made, it was disposed to fix him with it. It might be a romarkable, circumstance that "conception took place when sworn, still it was possible from this pointy and on -the evidence' he would make' an order against ; the .defendent.;;; He did hot ■ lobk !i upon (it as altogether the fault*' ! of : the father, and he should, not bear all the burden. He would make an ovderforgs a week, to continue till the ohild wai 14 Vp old,

THE ABSAUM CASH, James Cannon Camp t Stuckey and Dftoieleon.—Asaault. Mr Beard for in. formant, . The informant «aid ha was a rabbiter in the employ of Mr Stuckey. The assault took place on the 7th inst. Daniel•on oama in at 7in the morning anr* d • he had great orders from Mr Stuckey, I was standing in the whare boiling my billy when Mr Stuckey came in, lit a fow matches and set the place on fire. I was living in the hut, and i very unoarafort. able hut it was, I Treat to take my gun and blankets when the place waß set on fire. The hut was papered inside »nd tht match was applied to the paper. When I reaohed for my blankets, Mr Stuck/' told Daniehon; to collar me, Iwaßthi„ forced down on to the bunk and my lege, were tied up. Danielsonhad hold of hands, and Stuckey fastened'my .leg with a stock whip to the leg of the bunk. The place was smouldering, at this time, Danielsoa untied,me afterwards and t went away. Mr Stuckey went away with the gun while I was tied down. . (In answer to Mr Stuckey) I know what Danielsou's great orders were. He said Stuckey would burn the whare at eight .o'clock if I'was not out of.it, but it wasiiot eight o'clock. Mr Stuokey: Had I ever ordered you to leave the whara before T Witness: Yes, but you altered it. You gave mo powder and shot after that, You kept humbugging of me, Mr Stuokey: Did you ask the shepherd for some mutton once 1 Witness; Yes, The shepherd gave me four bones with no meat on at 3£d per pound. ' Mr Stuekey: Did I not tell you the night previous to clear out! Witness: Eight o'olock I Eight o'clook I Mr Stuekey: /What did I say to you in < the whare?

Witness: I can't say; I was awful Btupid being down. Mr Stuckey: Did I not tell you to clear out in the first instance] Witness: No. Mr Stuokey; Wero you sitting on the bunk when I tried to light the whare! Witness: No. Mr Stuckey: How did you take the gun?

Witness: I took it up with both hands. Mr Stnokey: Did you hold the gun orer your head and say you would smash ■ > my head with it? Witneaß: was too low '. to do ao, Ail-that T said was that T*' would meet him-like' 8-niaii. Danielion ■ caught hold of me when I was picking up my blankets, I don't know whether you intended burning on me,

Mr Stuokey; Were you asked to giro up the gun 1 Witness: Yos; but I hod it in my right hand and it was my property, Mr Stuckey: Did we offer to let you go if you gave up the gun J Witness: No. Mr Stuokey: You gave np the gun at last,

Witness. No; you snatched it away and told Daninlson lo let me go, I was tied with a whip, with pieceß of cord, and a fishing line.

Mr Stuckey: Did I ever tell you not to go amongst the owes and lambs ? Witness: Yes. To MrDanielson: I did not lake the gun up to strike Mr Stuckey. (To Mr Beard) I did not threaten to strike either of them. If the whare hadn't been damp I should have been burnt. They oould not; have untied me quick enough. Mr Stuckey for the defence Baid the informant was sent up to him from Dune3in. After two days he found him to be »n unsuitable man as arabbiter, and hi knocked off work,

Complainant: I had no more powder and ahot;

The Court; How long before the fire were you working for Mr Stuckey ? Complaiuant: Till two days before the whare was burnt.

Mr Sluckey aaid he gave notice to the complainant to leave a month before the burning of the where. He found him ■ disturbing the em and lambs, and told '- him repeatedly to clear out. The previous evening to tho burninß of the whare he talked to him for half an hour, when complainant declared he would not leave the wharo. The defendant asked the police to remove the man, but as they .i could not interfere, he aettled tho matter ' himself. On the morning in question ai Camp refused to leave he lit a piece of paper hanging from the wall. When Camp saw the flames he picked up hia gun by the barrel and threatened Mm with it. Danielion then caught hold of the gun ' and defendant went to hia assistance. -Informant kicked defendant, who caught his leg. Informant kicked out with his other let; and tried to clutch him by the whiskers, They kept him down till he was a little quiet. The house was not burning at the time, Danielaon and complainant were both holding the gun while witness held on to his legs and made them fast, afterwards complainant gave up the gun and they released him, Witness offered to pay him a few shillings which he owed him, but when he returned with the money he found him to be gone, To Mr Beard: I could have burnt the ffhare down if I had wished to but I aid not want to burn it. I thou?gt it was less trouble to light the whare than to remove him from it by force, , After some further evidence had been, ; taken the Court dismissed theinformilion," pointing out thai the informant hadeiaggerated the injuries whioh he alleged he had austainod.